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When Australia s defamation laws collide with opinions

Advertisement “A critic is entitled to dip his pen in gall for the purpose of legitimate criticism,” NSW’s ninth Chief Justice, Sir Frederick Jordan, opined in a 1940s defamation case involving an unflattering newspaper review of an obscure detective novel. “No one need be mealy-mouthed in denouncing what he regards as twaddle, daub or discord.” Regrettably, “twaddle” and “daub” – the latter connoting fakery – have fallen out of modern usage. But Sir Frederick’s observation echoes through decades of Australian defamation cases involving opinions, from cartoons and culinary reviews to gossip columns and Media Watch broadcasts. Businesswoman Elaine Stead, right, won her defamation action against The Australian Financial Review and its columnist Joe Aston, left.

Of cartoons, reviews and columns: when opinions collide with defamation law

Advertisement “A critic is entitled to dip his pen in gall for the purpose of legitimate criticism,” NSW’s ninth Chief Justice, Sir Frederick Jordan, opined in a 1940s defamation case involving an unflattering newspaper review of an obscure detective novel. “No one need be mealy-mouthed in denouncing what he regards as twaddle, daub or discord.” Regrettably, “twaddle” and “daub” – the latter connoting fakery – have fallen out of modern usage. But Sir Frederick’s observation echoes through decades of Australian defamation cases involving opinions, from cartoons and culinary reviews to gossip columns and Media Watch broadcasts. Businesswoman Elaine Stead, right, won her defamation action against The Australian Financial Review and its columnist Joe Aston, left.

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